Taiyab Ansari @ Chhotan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2144 of 2024 Arising Out of PS. Case No.-171 Year-2016 Thana- NAUTAN District- West Champaran ====================================================== TAIYAB ANSARI @ CHHOTAN ANSARI Son of Hadish Mian Resident of Village-Pakadiya, Malahi Tola, P.S.-Nautan (Jagdishpur), District-West Champaran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Umesh Kumar Gupta, Advocate For the Opposite Party :

Mr.Upendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 379,354B/34 and other allied sections of the Indian Penal Code.

3. As per the prosecution case, petitioner and coaccused Muslim Mian tore clothes of the informant and tried to outrage her modesty. Accused persons also assaulted the informant and her husband when he tried to save her.

4. Learned counsel appearing for the petitioner submits that there is land dispute between the parties and due to village politics, informant has falsely implicated the petitioner. F.I.R. has been lodged after delay of 1 1⁄2 months without any explanation which renders the entire prosecution case doubtful.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of

Patna High Court CR. MISC. No.2144 of 2024(3) dt.07-03-2024 2/2 arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Bettiah, West Champaran in Nautan (Jagdishpur) Police Station Case No. 171 of 2016, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T